Section 42 — Property (Relationships) Act 1976: Notice of interest against title

42 Notice of interest against title (1) A claim to an interest, pursuant to this Act, in any land subject to the Land Transfer Act 1952 shall be deemed to be a registrable interest for the purposes of that Act. (2) Notice of a claim under subsection (1) of this section shall be effected by lodging a duly completed notice in the prescribed form with the District Land Registrar. (3) Every notice so lodged shall have effect as if it were a caveat lodged pursuant to section 137 of that Act and the provisions of that Act except subsections (3) and (4) of section 141, shall apply subject to the following modifications— (a) Any application under section 143 or section 145 or section 145A of that Act in respect of any notice under this section may be made to a Family Court or a District Court or the High Court; and (b) An order under section 148 of that Act authorising the receipt of a second notice under this section may be made by a Family Court or a District Court or the High Court. (4) In the case of land that is not subject to the Land Transfer Act 1952 , notice of a claim to an interest pursuant to this Act may be registered in the manner in which deeds and other instruments affecting the land may be registered. (5) A notice under subsection (2) or subsection (4) of this section may be registered notwithstanding that no proceedings under this Act are pending or in contemplation, and notwithstanding that there is no dispute between the parties. Subsection (2) was amended, as from 1 February 2002, by section 48(1) Property (Relationships) Amendment Act 2001 (2001 No 5) by substituting the words “ prescribed form ” for the words “ form set out in Schedule 1 to this Act ” . See Part 9 of this Act as to the transitional and saving provisions. Subsection (3) was amended, as from 4 November 1982, by section 3 Land Transfer Amendment Act 1982 (1982 No 22) by substituting the words “ except subsections (3) and (4) of section 141, shall apply subject to the following modifications ” for the words “ shall apply accordingly except that— ” . Subsection (3) was amended, as from 1 June 2002, by section 65(4) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 (2002 No 11), by omitting the words “ in Form N in Schedule 2 to the Land Transfer Act 1952 ” . Subsection (3)(a) and (b) were amended, as from 1 October 1981, by section 17(1) Family Courts Act 1980 (1980 No 161) by substituting the words “ District Court or the High Court ” for the words “ Magistrate's Court or the Supreme Court ” . Subsection (3)(a) was amended, as from 1 February 2002, by section 48(2)(a) Property (Relationships) Amendment Act 2001 (2001 No 5) by substituting the words “ a Family Court or a District Court or the High Court ” , for the words “ either a District Court or the High Court ” . See Part 9 of this Act as to the transitional and saving provisions. Subsection (3)(a) was amended, as from 1 June 2002, by section 65(4) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 (2002 No 11), by inserting the words “ or section 145A ” after the expression “ section 145 ” . Subsection (3)(b) was amended, as from 1 February 2002, by section 48(2)(b) Property (Relationships) Amendment Act 2001 (2001 No 5) by substituting the words “ Family Court or a District Court or the High Court ” , for the words “ District Court or the High Court ” . See Part 9 of this Act as to the transitional and saving provisions.